United States v. Alvarez-Estrada

The opinion of the court was delivered by: Philip S. Gutierrez, U. S. District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date. Sept 27 2010

X WITH COUNSEL John McNicholas, CJA

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Conspiracy to Aid and Assist Inadmissible Aliens to Enter the United States, in violation of Title 8 U.S.C. § 1327, as charged in Count Two (2) of the Indictment; Distribution of Methamphetamine, in violation of Title 21 U.S.C.§ § 841(a)(1), (b)(1)(B)(viii), as charged in Count One (1) of the First Superseding Information.

The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is Pursuant to Guideline section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the court that the defendant, Teodoro Alvarez-Estrada, is hereby committed:

On Count Two of the Five-Count Indictment in Docket Number CR 09-01013 and on Count One of the Single-Count First Superseding Infomation in Docket Number CR 09-01013(A) to the custody of the Bureau of Prisons to be imprisoned for a total term of 188 months.

This term consists of 188 months on Count One in Docket Number CR 09-01013(A), and 120 months on Count Two in Docket Number CR 09-01013, all such terms to run concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a total term of four years under the following terms and conditions. This term consists of three years on Count Two in docket Number CR 09-01013 and four years on Count One in docket Number CR 09-01013(A), all such terms to run concurrently.

The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 318;

The defendant shall not commit any violation of local, state or federal law of ordinance;

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall abstain from using alcohol during the period of supervision;

During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;

The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry of the United States during the period of Court-ordered supervision, the defendant shall report for instructions to the United States Probation Office, located at United States Court House, 312 North Spring Street, Room 600, Los Angeles, California 90012;

When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer;

The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior written approval of the Probation Officer; and

The defendant shall cooperate in the collection of a DNA sample from the defendant.

The defendant is advised of the right to appeal.

On Government's motion, all remaining counts are ordered dismissed.

The Court recommends that the defendant be designated to a Southern California facility.

The Court also recommends that the Bureau of Prisons consider the defendant for placement in the 500-hour Residential Drug Abuse Program.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, ...

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